Reso 022 DP-2013-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 22
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW THE DEMOLITION OF A SINGLE-FAMILY HOME AND DETACHED
GARAGE AND ALLOW THE CONSTRUCTION OF A MIXED USE BUILDING WITH A
COMMERCIAL AND MEDICAL SPACE AND ONE RESIDENTIAL APARTMENT AT
10049 IMPERIAL AVENUE
SECTION I: PROTECT DESCRIPTION &RECITALS
Application No.: DP-2013-01
Applicant: Terry Brown
Property Owner: D.G. and Shirley Long
Location: 10049 Imperial Avenue (APN 357-17-013)
Subject: Development Permit to allow the construction of a new mixed use building.
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Administrative Hearing Officer held a public hearing on September 12,
2013 in regard to the application; and
NOW, THEREFORE,BE IT RESOLVED:
After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Administrative Hearing Officer hereby approves Application no. DP-2013-01 based upon the
findings described in Section II of this resolution, the public hearing record, and the minutes of the
Administrative Hearing meeting of September 12, 2013, and subject to the conditions specified in Section
III of this resolution.
SECTION II: FINDINGS:
1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
The proposed mixed use building will not be detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience because it is
located within a mixed use light industrial, neighborhood commercial, and residential district, which includes
a variety of different land uses similar to the one proposed. The City has approved other similar mixed use
projects in the neighborhood which is consistent with the City's General Plan Policy 2-24 for Monta Vista.
Resolution No.22 DP-2013-01 September 12,2013
2. The proposed development and/or use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title
and complies with the California Environmental Quality Act(CEQA).
The proposed mixed use building is consistent with and will be conducted in a manner in accord with the
General Plan, zoning ordinance, and CEQA. For example, the project will be required to allow/provide
connections with adjoining sites (GP Policy 2-2 and 2-24), provide a storefront appearance (GP Policy 2-24),
and provide a safe parking lot (GP Policy 4-1). The conditions of approval contained in this resolution further
reduce the likelihood of adverse impacts to surrounding properties.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on plan sets received on August 23, 2013, titled "A Mixed Use Project with all
new Construction for 10049 Imperial Ave., Cupertino, CA, 95014", consisting of five sheets labeled
"Sheet No. 1 to Sheet No. 5 " and titled "Imperial Ave. Street Elevation,"consisting of twelve sheets
labeled "L1.0 to L.4.0 and Sheet 1 to Sheet 6"drawn by Ray Rooker Architect, Reed Associates
Landscape Architecture, and Nordic Engineering Inc. except as may be amended by conditions in
this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2013-03 and TR-2013-12 shall be applicable to
this approval.
5. PREVIOUS CONDITIONS OF APPROVAL
The following previous conditions of approval for the project site shall remain in effect:
Z-1980-40
• All conditions
6. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to allow the demolition of an existing single-family home
and detached garage and the construction of a 3,801 square foot two-story mixed use building with
commercial uses, a medical use, and one residential apartment.
Allowed uses include Neighborhood Commercial uses that serve primarily the residents of adjacent
neighborhoods. This includes, but is not limited to, retail activities, personal services, and limited
commercial and medical offices. Future uses will be determined using the City's Parking Ordinance.
Resolution No.22 DP-2013-01 September 12,2013
A separate conditional use permit shall be required for commercial and office uses not considered
neighborhood commercial by the Director of Community Development. Development intensity
shall be regulated by conditional use permit review.
The Director of Community Development shall review amendments to the project considered major.
7. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 1,000 square feet of commercial allocation from the
Monta Vista General Plan area and 525 square feet of office allocation from the Heart of the City
General Plan area.
8. TOTAL AVAILABLE PARKING
There shall be a minimum of seven (7) available parking stalls onsite. Two (2) additional on-street
stall directly in front of the site may be used for the onsite parking requirement per the General
Plan. Any proposed intensification of the approved uses shown on the development plans
(including,but not limited to, additional medical office space, child care, food uses) will require City
review and approval and potential additional studies at the applicant's expense.
9. PARKWAY AND SIDEWALK WIDTH
The construction plans shall include a 6 foot wide parkway along the curb and a 5 foot wide public
sidewalk along the project frontage, beginning south of the southern driveway on 21666-21686
Stevens Creek Boulevard (APN 357-17-012). The final details shall be reviewed by the Director of
Community Development in conjunction with the Director of Public Works prior to issuance of
buildin�,zpermits.
10. BELOW MARKET RATE HOUSING PROGRAM MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying
the housing mitigation fees as per the Housing Mitigation Manual. The estimated mitigation fee for
this project is $8,479 based on the 2013-2014 fiscal year rate of $5.56 per square foot of net
commercial/office addition (1,525 square feet). T'he fees shall be paid prior to issuance of buildin�
e� rmrts.
11. INGRESS/EGRESS EASEMENTS
The property owner shall record an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney, providing for vehicular and pedestrian reciprocal
ingress and egress easements to adjoining parcels at 10051-10053 Imperial Avenue (APN 357-17-014)
and 10052-10056 Pasadena Avenue (APN 357-17-035), to be implemented at such time that the City
can require the same of adjacent property owners. In addition, the property owner shall record an
appropriate deed restriction for necessary vehicular and pedestrian reciprocal ingress and egress,
subject to approval of the City Attorney, to and from 21666-21686 Stevens Creek Boulevard (APN
357-17-012). The easements shall be recorded �rior to final occu�anc�of site�ermits.
12. PUBLIC PEDESTRIAN ACCESS EASEMENT
The property owner shall record an appropriate deed restriction, subject to approval of the City
Attorney, for a public pedestrian access easement through the interior pedestrian path(s). The
easement shall be recorded prior to final occupancy of site�ermits.
Resolution No.22 DP-2013-01 September 12,2013
13. PARKING EASEMENT
The property owner shall record an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney, allowing parking access on the northern portion of
the property for 21666-21686 Stevens Creek Boulevard (APN 357-17-012). The easement shall be
recorded �rior to final occu�ancy of site�ermits.
14. SHARED ACCESS DRIVEWAY
The proposed shared access driveway between the project site and 21666-21686 Stevens Creek
Boulevard (APN 357-17-012) shall be fully installed and constructed to the satisfaction of the Public
Works Director and Community Development Director �rior to the issuance of final occu�anc� of
site�ermits.
15. PARKING LOT MAINTENANCE AGREEMENT/MANAGEMENT PLAN
Prior to final occu�anc�, the applicant shall record a parking lot maintenance agreement and
management plan, subject to the approval of the City Attorney. This shall include, but not be limited
to, parking easement area, assignment of parking stalls, maintenance of landscaping, stall striping,
surfacing, and stalls that straddle the property at 21666-21686 Stevens Creek Boulevard (APN 357-
17-012).
16. PARKING LOT DIRECTIONAL SIGNAGE
Prior to issuance of buildin��ermits, the applicant shall work with staff to consider the following
parking lot directional signage to be installed �rior to final occu�anc�:
a. Speed bumps and/or speed limit signage
b. Directional/informational signs
c Signage indicating "Exit Only" or "Do Not Enter° at the rear parking lot for the driveway at
Imperial Avenue
d. Transpose directional arrows on the parking lot surface
17. MAIN BUILDING ENTRANCE
The main building entrance shall face Imperial Avenue. The entrance doors and storefront are to be
kept open and free of any obstructions. No more than 25% of each storefront window bay may be
obstructed with signage or other interior items. Boarding, closure, shelves, permanent walls, opaque
painting/material of windows, and other storefront obstructions are not permitted.
18. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City Sign Ordinance
(Chapter 19.104 of the Cupertino Municipal Code).
19. FINAL LIGHTING PLAN
All new lighting must conform to the standards in the Parking Ordinance (Chapter 19.124) and
General Commercial Ordinance (Chapter 19.60), and the final lighting plan (including a detailed
photometric plan) shall be reviewed and approved by the Community Development Director �rior
to buildin�,�permit issuance. Prior to final occu�anc�, a licensed lighting consultant shall confirm
that the lighting is in compliance with the City's standards.
Resolution No.22 DP-2013-01 September 12,2013
20. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. Screening materials/colors shall match
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
21. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department.
22. UTILITY STRUCTURE PLAN
Prior to issuance of buildin��ermits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utlity structures [including, but not
limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves
(PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works,
Fire Department, and applicable utility agencies.
23. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain riv or to
issuance of building �ermits. A report ascertaining the good health of these trees shall be provided
prior to issuance of final occu�ancy.
24. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits.
25. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
Resolution No.22 DP-2013-01 September 12,2013
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
26. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package, with the landscape
installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
27. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture, infiltration
rate, pH, soluble salt content, percent organic matter, etc) and provide recommendations for
amendments as appropriate to optimize the productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A copy of the
soils analysis report shall be submitted to the Director of Community Development as part of the
landscape documentation package.
28. TRASH AND DELIVERY ACTIVITTES
A detailed refuse and truck delivery plan shall be prepared by the applicant �rior to issuance of
building permits. The plan shall include,but not be limited to the following:
a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash enclosures
shall provide ample space to include trash, recycling, food waste, and waste receptacles along
with a tallow bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours (if applicable).
e. Trash pick-up schedule (shall not take place during peak business hours)
f. Loading areas (with signage/markings restricting parking in these areas d uring loading times)
g. Delivery hours (shall not take place during peak business hours)
All trash facilities must be screened and enclosed to the satisfaction of the Public Works
Department. The final plan shall be submitted to the City and the City's refuse service for review
and approval prior to issuance of building permits.
Resolution No.22 DP-2013-01 September 12,2013
29. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and
Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer shall be
responsible for educating all contractors and subcontractors of said construction restrictions. Rules
and regulation pertaining to all construction activities and limitations identified in this permit, along
with the name and telephone number of a developer appointed disturbance coordinator, shall be
posted in a prominent location at the entrance to the job site.
30. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject
to the Building Official. The applicant shall provide evidence that materials were recycled prior to
issuance of final demolition permits.
31. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for the
proposed project to prevent visible dust emissions from leaving the site:
a. Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil
material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
32. NOISE MITIGATION MEASURES
The project and retail operations shall comply with the City's Community Noise Control Ordinance
(Chapter 10.48 of the CMC). In addition, the following mitigation measures shall be taken in order to
reduce noise event impacts to nearby receptor areas:
a. The contractor shall use "new technology" power construction equipment with state-of-the-art
noise shielding and muffling devices. All internal combustion engines used on the project site
shall be equipped with adequate mufflers and shall be in good mechanical condition to
minimize noise created by faulty or poor maintained engines or other components.
b. Locate stationary noise generating equipment as far as possible from sensitive receptors. Staging
areas shall be located a minimum of 200 feet from noise sensitive receptors, such as residential
uses. Unnecessary idling of machines when not in use shall be prohibited.
c. The developer will implement a Construction Management Plan approved by the Community
Development Director and Director of Public Works to minimize impacts on the surrounding
sensitive land uses to the fullest extent possible.
d. Temporary plywood enclosures shall be erected around stationary equipment that produces
excessive noise at nearby receptors
Resolution No.22 DP-2013-01 September 12,2013
e. Good maintenance and lubrication procedures shall be used to reduce operating noise.
f. All construction equipment shall conform to the following standards: 1) no individual device
produces a noise level more than 87 dBA at a distance of 25 feet; or 2) the noise level on any
nearby property does not exceed eighty dBA (Cupertino Municipal Code Section 10.48.053).
g. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that
are in good condition and appropriate for the equipment.
h. Noise from construction workers' radios shall be controlled to a point that it is not audible at
existing residences bordering the project site.
i. Notify all adjacent businesses, residences, and other noise-sensitive land uses of the construction
schedule in writing.
33. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre-construction
meeting with the pertinent departments (including, but not limited to, Building, Planning, Public
Works, Santa Clara County Fire Department) to review an applicant-prepared construction
management plan including,but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
34. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Dep artment.
35. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
36. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
Resolution No.22 DP-2013-01 September 12,2013
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
Building Division:
37. CONSTRUCTION PLAN SET REVISIONS/INFORMATION
Prior to issuance of building permits, the construction plans shall indicate and/or clarify the
following information:
a. Minimum accessible parking dimensions are 8 feet by 18 feet per stall and 8 feet by 18 feet for
van loading area. Entire accessible parking and loading area is to be 2%or less cross slope.
Indicate an accessible path of access from the parking lot to the building and to the public right
of way. Each business must be accessible.
b. Fire sprinklers are required.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. OFF-SITE PARKING
Use of Public Right of way for private parking requirements is permitted within certain areas in
Monta Vista, as indicated in the Monta Vista Specific Plan. ADA Accessible parking stalls are
required to be located on-site, in order to maximize public parking spaces.
2. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
3. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
4. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino
Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the
City Engineer.
5. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of
the City Engineer.
6. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the site
is located.
7. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
Resolution No.22 DP-2013-01 September 12,2013
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact
Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
9. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storxn water
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes, retention systems or other approved systems and improvements) as necessary to avoid
an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer.
Any storm water overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reason ably possible.
10. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity, which disturbs soil. BMP plans shall be included in grading and street
improvement plans.
11. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer
must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm
Water Pollution Prevention Plan(SWPPP),use of construction Best Management Practices (BMPs) to
control storm water runoff quality, and BMP inspection and maintenance.
12. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface, or 5,000 S.F. of uncovered parking lot or restaurant use (collectively
over the entire project site). The developer shall reserve a minimum of 4% of developable surface
area for the placement of low impact development measures, for storm water treatment, on the
tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm water
treatment Best Management Practices (BMPs), which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement,
Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing
operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
Resolution No.22 DP-2013-01 September 12,2013
13. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer. This plan
should include all erosion control measures used to retain materials on site. Erosion control notes
shall be stated on the plans.
14. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be
executed prior to issuance of construction permits
Fees:
a. Checking&Inspection Fees: $Per current fee schedule($4,183.00 or 6%)
b. Grading Permit: $Per current fee schedule($2,435.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storxn Drainage Fee: $TBD
e. Power Cost: �'�'
f. Map Checking Fees: $Per current fee schedule(N/A)
g. Park Fees: $Per current fee schedule(N/A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by th e PUC
Bonds:
a. Faithful Perforxnance Bond: 100% of Off-site and On-site Improvements
b. Labor&Material Bond: 100%of Off-site and On-site Improvement
c. On-site Grading Bond: 100%of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit in the event of said change or changes, the fees changed at that
time will reflect the then current fee schedule.
15. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
16. OPERATIONS& MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No.22 DP-2013-01 September 12,2013
18. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storxn drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
19. TRASH ENCLOSURES AND WASTE/RECYCLING SERVICE
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit. Toters instead of front load debris bins are allowed for this project.
Tenants shall bring all toters to the curb on the weekly service day and put them in a designated
place as approved by the Environmental Programs Manager. Signage may be desired to ensure
toters stay in the designated place on service day and do not interfere with parking. Tenants may
double-stack toters at the curb without ensuring that the toters face the street and have at least 30
inches between them.
20. REFUSE TRUCK ACCESS
Developer shall must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
21. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
other related Ordinances and regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility devices. Developer shall submit
detailed plans showing utility underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer. All new utility services to the structure shall
be placed underground.
22. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. T'he developer must receive written approval from both the Public Works Department and
the Community Development Departxnent prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
23. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed
away from the public right of way and site driveways to a location approved by the Cupertino
Planning Department, Santa Clara County Fire Department and the water company.
24. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No.22 DP-2013-01 September 12,2013
25. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100' of a Fire Hydrant).
26. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
27. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability and location and
layout of water lines and backflow preventers before issuance of a building permit approval.
28. DEDICATION OF WATERLINES
Developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
29. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
30. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
31. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. FIRE DEPARTMENT REVIEW
Review of this development proposal is limited to acceptability of site access and water supply as
they pertain to fire department operations, and shall not be construed as a substitute for formal plan
review to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department, all applicable
construction permits.
2. FIRE SPRINKLERS REQUIRED
An automatic sprinkler system shall be provided throughout all new and existing buildings and
structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do
not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban
Resolution No.22 DP-2013-01 September 12,2013
Interface Fire Area. NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyar of recard in order to determine if any
modification or upgrade of the existing water service is required. NOTE: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16)
Fire Protection Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their work. Sections
903.2 as adopted in Section 16-40-210 of the CMC.
3. WATER SUPPLY REOUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water
supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact
the water purveyor supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based fire
protection system, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of the potable
water supply of the purveyor of record. Final approval of the system(s) under consideration will not
be granted by this office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
4. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a position
as to be plainly visible and legible from the street or road fronting the property. Numbers shall
contrast with their background. CFC Sec. 505.
5. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 14 and County
Fire Standard Detail and Specification SI-7.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWER AVAILABILITY
Sanitary sewer service is available on Imperial Avenue.
2. IMPROVEMENT PLANS
On-site and off-site improvement plans shall be submitted to the District for review and comments.
3. FEES AND PERMITS
Cupertino Sanitary District fees and permits shall be required for the subject application based on
the proposed area and use modifications.
SECTION VII: CEOA REVIEW
This Development Permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15303 (New Construction) of the CEQA Guidelines because it applies to a mixed
residential and commercial building and site improvements not exceeded 10,000 square feet.
Resolution 1Vo.22 DP-2013-01 September 12,2013
PASSED AND ADOPTED this 12th day of September, 2013 at a Regular Meeting of the Administrative
Hearing Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Chao
NOES: HEARING OFFICER: none
ATTEST: APPROVED:
/
��
George Schroeder ao
Associate Planner City Planner